What is a Third-Party Claim in a Worker’s Compensation Case?

Monsees & Mayer helps injured workers understand that a third-party claim allows pursuing compensation from someone other than their employer or insurance when a separate party caused the injury. This approach can maximize recovery and ensures clients get the full justice and support they deserve after a workplace injury. Most of the time, employers are required to carry insurance for their employees, often referred to as Worker’s Compensation (or “work comp” for short). It is a no-fault insurance, which means that regardless if it was the employer’s fault or not, the insurance covers the injured employee. This makes it easier for the employee to receive treatment, but often it does not fully compensate for their damages. In addition, when you make a work comp claim, you release the right to sue the employer for said damages. One exception to this is when the employer’s gross negligence caused the injuries. The only other way to receive additional compensation, is if there is a third party liable for the injures.

When is a Third Party Liable in a Workplace Injury?

A third-party claim is an additional party, not the employer, whose negligence resulted in injuring an employee. You can still file a work comp claim, but there may be additional avenues for recovery.

Examples of Third-Party Claims:

• Being hit by another driver while on the job
• Slipping and falling on the job on a property not owned by the employer
• Sustaining injuries cause by defective machinery at work

In all these examples above, an outside party’s negligence resulted in injuries while on the job. Though, unlike work comp insurance, the injured employee must prove the third party was liable for the accident.

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